2010 California Code Probate Code Chapter 3. Time For Filing Claims

PROBATE CODE
SECTION 9100-9104

9100. (a) A creditor shall file a claim before expiration of the
later of the following times:
(1) Four months after the date letters are first issued to a
general personal representative.
(2) Sixty days after the date notice of administration is mailed
or personally delivered to the creditor. Nothing in this paragraph
extends the time provided in Section 366.2 of the Code of Civil
Procedure.
(b) A reference in another statute to the time for filing a claim
means the time provided in paragraph (1) of subdivision (a).
(c) Nothing in this section shall be interpreted to extend or toll
any other statute of limitations or to revive a claim that is barred
by any statute of limitations. The reference in this subdivision to
a "statute of limitations" includes Section 366.2 of the Code of
Civil Procedure.
9101. A vacancy in the office of the personal representative that
occurs before expiration of the time for filing a claim does not
extend the time.
9102. A claim that is filed before expiration of the time for
filing the claim is timely even if acted on by the personal
representative or by the court after expiration of the time for
filing claims.
9103. (a) Upon petition by a creditor or the personal
representative, the court may allow a claim to be filed after
expiration of the time for filing a claim provided in Section 9100 if
either of the following conditions is satisfied:
(1) The personal representative failed to send proper and timely
notice of administration of the estate to the creditor, and that
petition is filed within 60 days after the creditor has actual
knowledge of the administration of the estate.
(2) The creditor had no knowledge of the facts reasonably giving
rise to the existence of the claim more than 30 days prior to the
time for filing a claim as provided in Section 9100, and the petition
is filed within 60 days after the creditor has actual knowledge of
both of the following:
(A) The existence of the facts reasonably giving rise to the
existence of the claim.
(B) The administration of the estate.
(b) Notwithstanding subdivision (a), the court shall not allow a
claim to be filed under this section after the court makes an order
for final distribution of the estate.
(c) The court may condition the claim on terms that are just and
equitable, and may require the appointment or reappointment of a
personal representative if necessary. The court may deny the creditor'
s petition if a payment to general creditors has been made and it
appears that the filing or establishment of the claim would cause or
tend to cause unequal treatment among creditors.
(d) Regardless of whether the claim is later established in whole
or in part, payments otherwise properly made before a claim is filed
under this section are not subject to the claim. Except to the extent
provided in Section 9392 and subject to Section 9053, the personal
representative or payee is not liable on account of the prior
payment. Nothing in this subdivision limits the liability of a person
who receives a preliminary distribution of property to restore to
the estate an amount sufficient for payment of the distributee's
proper share of the claim, not exceeding the amount distributed.
(e) Notice of hearing on the petition shall be given as provided
in Section 1220.
(f) Nothing in this section authorizes allowance or approval of a
claim barred by, or extends the time provided in, Section 366.2 of
the Code of Civil Procedure.
9104. (a) Subject to subdivision (b), if a claim is filed within
the time provided in this chapter, the creditor may later amend or
revise the claim. The amendment or revision shall be filed in the
same manner as the claim.
(b) An amendment or revision may not be made to increase the
amount of the claim after the time for filing a claim has expired. An
amendment or revision to specify the amount of a claim that, at the
time of filing, was not due, was contingent, or was not yet
ascertainable, is not an increase in the amount of the claim within
the meaning of this subdivision.
(c) An amendment or revision may not be made for any purpose after
the earlier of the following times:
(1) The time the court makes an order for final distribution of
the estate.
(2) One year after letters are first issued to a general personal
representative. This paragraph does not extend the time provided by
Section 366.2 of the Code of Civil Procedure or authorize allowance
or approval of a claim barred by that section.

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